Bill Text: NY S06072 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs and public parks.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-05-24 - PRINT NUMBER 6072B [S06072 Detail]
Download: New_York-2011-S06072-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6072--B
I N S E N A T E
(PREFILED)
January 4, 2012
___________
Introduced by Sens. ADDABBO, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Higher Education
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law and the general municipal law, in
relation to the practice of massage therapy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 6512 of the education law, as
2 added by chapter 689 of the laws of 1976, is amended to read as follows:
3 2. Anyone who knowingly aids or abets [three] ONE or more unlicensed
4 persons to practice a profession or employs or holds such unlicensed
5 persons out as being able to practice in any profession in which a
6 license is a prerequisite to the practice of the acts, or who knowingly
7 aids or abets [three] ONE or more persons to practice any profession as
8 exempt persons during the time when the professional licenses of such
9 persons are suspended, revoked or annulled, shall be guilty of a class E
10 felony.
11 S 2. Subdivision 2 of section 6513 of the education law, as added by
12 chapter 687 of the laws of 1976, is amended to read as follows:
13 2. Anyone who knowingly aids or abets [three] ONE or more persons not
14 authorized to use a professional title regulated by this title, to use
15 such professional title, or knowingly employs [three] ONE or more
16 persons not authorized to use a professional title regulated by this
17 title, who use such professional title in the course of such employment,
18 shall be guilty of a class E felony.
19 S 3. Section 7802 of the education law, as amended by chapter 230 of
20 the laws of 1997, is amended to read as follows:
21 S 7802. Practice of massage therapy and use of title "masseur",
22 "masseuse" or "massage therapist" or the term "massage" or "massage
23 therapy". 1. Only a person licensed or authorized pursuant to this chap-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13637-05-2
S. 6072--B 2
1 ter shall practice massage therapy and only a person licensed under this
2 article shall use the title "masseur", "masseuse" or "massage thera-
3 pist". ANY PERSON WHO IS CERTIFIED, BUT NOT LICENSED PURSUANT TO THIS
4 CHAPTER TO PRACTICE MASSAGE THERAPY SHALL NOT BE AUTHORIZED TO PRACTICE
5 MASSAGE THERAPY NOR USE THE TITLE "MASSEUR", "MASSEUSE" OR "MASSAGE
6 THERAPIST". ANY PERSON PERFORMING THE SERVICES DEFINED IN SECTION SEVEN-
7 TY-EIGHT HUNDRED ONE OF THIS ARTICLE WITHOUT A LICENSE PURSUANT TO THIS
8 ARTICLE SHALL BE GUILTY OF A CLASS E FELONY, REGARDLESS OF WHAT SUCH
9 SERVICES ARE BEING CALLED.
10 2. (A) No person, firm, partnership or corporation claiming to be
11 engaged in the practice of massage or massage therapy shall in any
12 manner describe, advertise, or place any advertisement for services as
13 defined in section seventy-eight hundred one of this article unless such
14 services are performed by a person licensed or authorized pursuant to
15 this chapter.
16 (B) SUCH A PERSON, FIRM, PARTNERSHIP OR CORPORATION ADVERTISING
17 SERVICES DEFINED IN SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE
18 SHALL HIRE A PERSON LICENSED OR AUTHORIZED UNDER THIS ARTICLE TO PRAC-
19 TICE MASSAGE THERAPY.
20 3. (A) ANY PERSON, FIRM, PARTNERSHIP OR CORPORATION THAT HIRES OR
21 CONTRACTS A NON-LICENSED INDIVIDUAL TO PROVIDE ANY SERVICES DEFINED IN
22 SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SHALL BE GUILTY OF A
23 CLASS E FELONY AND SHALL BE SUBJECT TO AN IMMEDIATE AUDIT BY THE NEW
24 YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND BY THE LOCAL TAXING
25 AUTHORITY.
26 (B) ANYONE WHO KNOWINGLY AIDS OR ABETS ONE OR MORE UNLICENSED PERSONS
27 TO PRACTICE MASSAGE THERAPY OR HOLDS SUCH UNLICENSED PERSONS OUT AS
28 BEING ABLE TO PRACTICE MASSAGE THERAPY, OR WHO KNOWINGLY AIDS OR ABETS
29 ONE OR MORE PERSONS TO PRACTICE MASSAGE THERAPY AS EXEMPT PERSONS DURING
30 THE TIME WHEN THE LICENSES OF SUCH PERSONS ARE SUSPENDED, REVOKED OR
31 ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
32 4. ENFORCEMENT OF THIS SECTION SHALL BE UNDERTAKEN BY THE LOCAL LAW
33 ENFORCEMENT AUTHORITY, THE DEPARTMENT OF HEALTH, BUILDING AND CODE
34 ENFORCEMENT AGENCIES, TRAFFIC POLICE AND/OR SPECIAL POLICE.
35 S 4. Section 7804 of the education law, as amended by chapter 230 of
36 the laws of 1997, is amended to read as follows:
37 S 7804. Requirements for a professional license. (A) To qualify for a
38 license as a massage therapist, masseur or masseuse, an applicant shall
39 fulfill the following requirements:
40 (1) Application: file an application with the department;
41 (2) Education: have received an education, including high school grad-
42 uation and graduation from a school or institute of massage therapy with
43 a program registered by the department, or its substantial equivalent in
44 both subject matter and extent of training, provided that the program in
45 such school or institute shall consist of classroom instruction of a
46 total of not less than five hundred hours in subjects satisfactory to
47 the department;
48 (3) Examination: pass [an examination satisfactory to the board and in
49 accordance with the commissioner's regulations] THE NEW YORK STATE
50 MASSAGE THERAPY EXAMINATION;
51 (4) Age: be at least eighteen years of age;
52 (5) Citizenship or immigration status: be a United States citizen or
53 an alien lawfully admitted for permanent residence in the United States;
54 (6) Character: be of good moral character as determined by the depart-
55 ment; [and]
S. 6072--B 3
1 (7) Fees: pay a fee of one hundred fifteen dollars to the department
2 for admission to a department conducted examination and for an initial
3 license, a fee of forty-five dollars for each reexamination, a fee of
4 fifty dollars for an initial license for persons not requiring admission
5 to a department conducted examination, and a fee of fifty dollars for
6 each triennial registration period. ANY PERSON WHO HOLDS A LICENSE AS A
7 MASSAGE THERAPIST, MASSEUR OR MASSEUSE WHO FAILS TO PAY FEES AS SET
8 FORTH IN THIS PARAGRAPH IN A TIMELY MANNER SHALL HAVE HIS OR HER LICENSE
9 REVOKED UNTIL THE TIME WHEN SUCH FEES ARE PAID; AND
10 (8) CONTINUING EDUCATION. COMPLETE COURSES IN CONTINUING EDUCATION
11 PURSUANT TO SECTION SEVENTY-EIGHT HUNDRED SEVEN OF THIS ARTICLE.
12 (B) A LICENSE AS A MASSAGE THERAPIST, MASSEUR OR MASSEUSE ISSUED TO
13 QUALIFIED APPLICANTS PURSUANT TO THIS SECTION SHALL BE DISPLAYED AT ALL
14 TIMES AT THE PLACE OF BUSINESS OF SUCH MASSAGE THERAPIST, MASSEUR OR
15 MASSEUSE AND SHALL HAVE A PHOTOGRAPH OF SUCH MASSAGE THERAPIST, MASSEUR
16 OR MASSEUSE AFFIXED THERETO.
17 S 5. The general municipal law is amended by adding a new section 86-b
18 to read as follows:
19 S 86-B. STREET FAIR AND PUBLIC PARK MASSAGE THERAPY AUTHORIZED. 1.
20 THE GOVERNING BOARD OF A MUNICIPAL CORPORATION MAY AUTHORIZE AND PERMIT
21 THE SALE OF LICENSED MASSAGE THERAPY, AS SUCH TERM IS DEFINED PURSUANT
22 TO SECTION SEVENTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, AT STREET
23 FAIRS AND PUBLIC PARKS WITH THE PERMITTING FEES TO BE ESTABLISHED AND
24 COLLECTED BY SUCH MUNICIPAL CORPORATION.
25 2. ANY ORGANIZATION THAT ALLOWS, PERMITS, LEASES OR RENTS SPACE AT A
26 STREET FAIR OR PUBLIC PARK, PURSUANT TO THIS SECTION, SHALL BE RESPONSI-
27 BLE FOR ENSURING THAT ANY VENDOR PROPOSING TO PERFORM ANY MASSAGE THERA-
28 PY SERVICES, AS SUCH TERM IS DEFINED PURSUANT TO SECTION SEVENTY-EIGHT
29 HUNDRED ONE OF THE EDUCATION LAW, IS TO PROVIDE A VALID AND INSURED
30 PROOF OF LICENSE PRIOR TO THE EVENT AND PRESENT SUCH PROOF ON THE DAY OF
31 THE EVENT AS ALSO REQUIRED FOR TAX AND VENDOR IDENTIFICATIONS.
32 3. ANY ORGANIZATION FOUND IN VIOLATION OF SUBDIVISION TWO OF THIS
33 SECTION SHALL BE SUBJECT TO FINES, PENALTIES AND MAY BE SUBJECTED TO AN
34 AUDIT BY THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND THE
35 LOCAL TAXING AUTHORITY. SUCH FINES AND PENALTIES SHALL BE DETERMINED BY
36 THE MUNICIPAL CORPORATION THAT AUTHORIZES SUCH STREET FAIR AND PUBLIC
37 PARK MASSAGE THERAPY.
38 S 6. This act shall take effect on the one hundred twentieth day after
39 it shall have become a law. Effective immediately, the addition, amend-
40 ment and/or repeal of any rule or regulation necessary for the implemen-
41 tation of this act on its effective date is authorized to be made on or
42 before such date.
